Susan Saylor, an attorney with the California Department of Fair Employment and Housing, successfully settled a Sabbath discrimination case this summer on behalf of Oscar Lopez [not his real name], an undocumented member of an Hispanic Adventist church in central California. Mr. Lopez was one of dozens of undocumented employees of a tire shop who could have readily been accommodated by the management. He was fired when he refused to work on Sabbath. Because the employer kept no records of schedules and paid everyone in cash, under the table, he would have had a very difficult time trying to prove that he could not accommodate Mr. Lopez.

California passed a law several years ago giving undocumented workers most of the same rights and legal protections as other employees. While it remains illegal under Federal law for companies to hire undocumented workers, it is well known that most undocumented workers supply documents which are readily accepted by employers. As a result, the New York Times reported that the Social Security Administration estimates that 75% of all undocumented workers are paying into the Social Security system, although they will be unable to benefit from these contributions.

Under California law, an employer can be held liable for discrimination, and ordered to pay damages. However, Federal law precludes a state court from ordering an employer to reinstate an undocumented worker to his former job. In Mr. Lopez' case, the employer paid a settlement of $30,000.